People v. Mosley CA2/2

Filed 8/14/25 P. v. Mosley CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B336486

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA074598) v.

LAVELLE LEE MOSLEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Affirmed.

Debbie Yen, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

In 2014, a jury convicted defendant and appellant Lavelle Lee Mosley of second degree robbery (Pen. Code, § 211)1 and attempted second degree robbery (§§ 211 & 664). The trial court sentenced defendant to a total of 33 years in state prison, including a one-year sentence enhancement for serving a prior prison term. (Former § 667.5, subd. (b).) In 2023, at a section 1172.75 resentencing hearing, the trial court struck the one-year prior prison term enhancement, but otherwise reimposed defendant’s original sentence. On appeal, defendant argues that the trial court erred by retaining the high term of imprisonment from his original sentence. We affirm. BACKGROUND I. Facts “On September 12, 2012, at about 10:00 a.m.,” defendant and two confederates “entered a Bank of America in a shopping center in Canyon Country.” (People v. Mosley (Oct. 20, 2015, B255397) [nonpub. opn.] (Mosley).) His associates “jumped over the teller counter . . . . [while defendant] stayed in the bank’s lobby area. Bank customer David Urzua (Urzua) . . . saw a gun in [defendant’s] right hand. [Defendant] pointed the gun around and told everyone to get down on the ground.” (Mosley, supra, B255397.) While his confederates stole money from the bank tellers at gunpoint, defendant “took a cell phone from one of the bank’s customers . . . . All three robbers then fled together, taking $23,542.04 in cash with them. According to Urzua, the entire